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Basic concepts of Intellectual Property law in India

Trademark

A trademark is defined as a mark capable of graphical representation, distinguishing the goods or services of one person from those of another. It can include signs, symbols, designs, words, shapes, colours or combinations thereof. Sounds and 3D marks can also qualify as trademarks.

Copyright

A copyright is the right of ownership over any original literary, dramatic, musical or artistic work. This right is enjoyed by the author of such work, and by any other entity authorized by them. It also includes rights over performance, broadcasting and sound recording.

Patent

The Indian Patents Act of 1970 grants the right of patent over an invention that is a new product or process, involving an inventive step, and is capable of industrial application. By 'inventive step', it is meant that it should not be obvious to a person skilled in that art.

Design

Industrial design rights are granted to new and original features of an industrial product that are not purely utilitarian, and may produce an aesthetic impression in the eyes of the buyers. Such features include novel shapes, configurations, two dimensional surface patterns, ornamentations and composition of lines or colours applied to any article.

Geographical Indication

A 'geographical indication' includes agricultural goods, natural goods or manufactured goods that have originated or been manufactured in the territory of a particular country, region or locality, and have a quality, reputation or other characteristic essentially attributable to its geographical origin. Examples include Darjeeling Tea, Chanderi sarees, Mysore Agarbathi, etc.